9.1 The Proceedings Page, Calls to Order & Page Headers
Key Takeaways
AAERT's sample first transcript page begins with a line giving the place, day, date and time, followed by "(Call to Order of the Court.)"
The Guide to Judiciary Policy requires standard summary phrases for customary introductory statements, such as (Call to Order of the Court) and (The Witness Is Sworn).
Federal page headers are required on every page of witness testimony, list the witness's last name and the examination type (Lim - Direct), and sit above line 1.
AAERT's header guide says headers are never in all capitals, show only one examination type per page, and follow the examination rather than the oath.
In jury trials, AAERT says examination headers are interrupted while the jury is out, except for voir dire of a witness outside the jury's hearing.
Blueprint topics 30104, 30105 and 30107 ask you to format the first transcript page (the proceedings page), calls to order and page headers.
The proceedings page
After the title page (and the index, if it goes at the front), the transcript body begins. AAERT's sample opening:
1 MADISON, WISCONSIN, MONDAY, JULY 9, 2007, 9:00 A.M.
2 (Call to Order of the Court.)
3 THE COURT: Any preliminary matters we should
4 take up?
5 MS. KENNELLY: No, Your Honor, we're ready.
...
8 THE COURT: Good. Mr. Bailiff, please bring the
9 jury from their waiting room.
10 (Proceedings continued in the presence of the jury.)
And the Scalini key's opening:
WILLISTON, VERMONT, MONDAY, OCTOBER 6, 2025, 3:31 P.M.
(Call to Order of the Court.)
(Defendant present; jury not present.)
THE COURT: Good afternoon. Everyone can be seated.
The pattern:
- Place, day, date and time line, in capitals. It matches the title page.
- The call-to-order parenthetical.
- Presence notations as needed: jury present or not, and, in criminal cases, whether the defendant is present.
- Colloquy begins.
Calls to order
The Guide to Judiciary Policy, § 520.40.10(e), says: "Standard summary phrases must be used for customary introductory statements such as the call to order of court and the swearing in or affirmation of witnesses." The listed phrases are:
- (Call to Order of the Court)
- (The Jury Is Sworn)
- (The Witness Is Sworn)
- (The Witness Is Affirmed)
These appear in parentheses (or brackets), opening at the fifth space. The standard phrase replaces the ritual words: the bailiff's "All rise, the United States District Court for the Western District of Wisconsin is now in session, the Honorable John C. Simone presiding" is not typed out word for word. AAERT's Scalini key goes straight from (Call to Order of the Court.) to the judge's first words.
Anything said after the formal call, such as the judge calling the case, identifying counsel or asking for appearances, is typed verbatim.
Presence notations
The Guide (§ 520.40.20(a)(2)(B)) says that when a jury is involved "it is essential to indicate by the proper parenthetical notation whether the proceeding occurred" in the presence of the jury, out of its presence, out of its hearing, before the jury entered or after it left. For criminal trials, the defendant's presence must be noted if the judge does not state it on the record (§ 520.40.20(a)(3)).
Examples: (Jury in at 10:55 a.m.), (Jury out at 10:35 a.m.), (Proceedings continued in the presence of the jury.), (Defendant present; jury not present.)
Page headers
The federal rule
Guide § 520.36.50: a page heading is "brief descriptive information noted to aid in locating a person or event in a transcript." It "must be provided on each page of witness testimony" and is optional for other events. "Listing the last name of the witness or other party and the type of examination or other event is sufficient." It appears "above line 1 on the same line as the page number" and "is not to be counted as a line of transcript."
AAERT's header rules
AAERT's Page Headers guide adds detail:
| Rule | Detail |
|---|---|
| Placement | Centered at the top of the page, on the same level as the page number, above the first numbered line |
| Content | Witness surname and examination type: Smith - Direct, Smith - Cross, Smith - Redirect, Smith - Recross, Smith - Further Redirect, Smith - Further Recross |
| Capitalization | "Never use all capitals for a header." Capitalize only the first letter of the name and of the examination |
| Keep it simple | No added descriptions: Smith - Redirect - Jury Excused is wrong |
| One exam per header | Each header shows only one examination type |
| First appearance | The header starts on the page where that examination begins: if cross starts on page 27, Smith - Cross appears on page 27 |
| Mid-page change | If direct ends and cross begins on the same page, the header generally shows the new examination from the next page; if cross begins in the first third of the page, it is acceptable to change the header on that page |
| Oath vs. examination | The header follows the examination, not the oath. If colloquy follows the swearing-in before questioning starts, the header does not begin on the oath page |
| Long colloquy between examinations | Remove the header for pages of intervening colloquy, or use a Colloquy header if the jurisdiction requires it |
| Jury out | Examination headers are interrupted while the jury is out, because testimony is not taken then; exception: voir dire of a witness outside the jury's hearing, headed like Tomlinson - Voir Dire |
| Same surnames | Add a first initial (R. Smith - Redirect) or another distinguishing detail (R. E. Smith, Robert Smith, R. Smith, Jr.) |
Headers in Microsoft Word
Headers change through section breaks. AAERT's guide recommends:
- Turn on formatting marks (the ¶ button).
- On the page before the header changes, place the cursor at the start of a paragraph, ideally between lines 15 and 22, so later proofreading changes do not move the break onto the wrong page.
- Insert Layout > Breaks > Continuous. Do not use a "Next Page" break, which forces a new page.
- Unlink the new section's header from the previous one before editing it.
- Be careful not to delete the page number, which lives in the header too.
What does the Guide to Judiciary Policy require in place of the bailiff's full opening cry ("All rise, this court is now in session...")?
A verbatim transcription of every word the bailiff says
Nothing; the opening is omitted without any notation
A standard summary phrase in parentheses, such as (Call to Order of the Court)
A speaker ID of THE BAILIFF followed by a summary
Which page header follows AAERT's formatting rules?
TOMLINSON - VOIR DIRE
Tomlinson - Voir Dire
Tomlinson - Voir Dire - Jury Excused
Tomlinson, Direct and Cross
A witness is sworn on page 10, followed by two pages of colloquy between the judge and counsel, and direct examination begins on page 12. On which page does the header "Garcia - Direct" first appear?
Page 10, where the witness is sworn
Page 11, the first full page after the oath
Page 13, the page after direct begins
Page 12, where the direct examination begins
Sections you finish are checked off in the contents.